S T A T E O F N E W Y O R K
________________________________________________________________________
4974
2019-2020 Regular Sessions
I N A S S E M B L Y
February 6, 2019
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Introduced by M. of A. CYMBROWITZ, BARRON, DE LA ROSA -- read once and
referred to the Committee on Housing
AN ACT to amend the private housing finance law, in relation to estab-
lishing the affordable senior housing and services program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The private housing finance law is amended by adding a new
article 28 to read as follows:
ARTICLE XXVIII
AFFORDABLE SENIOR HOUSING
AND SERVICES
SECTION 1240. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE.
1241. DEFINITIONS.
1242. AFFORDABLE SENIOR HOUSING AND SERVICES PROGRAM.
§ 1240. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE
HEREBY FINDS AND DECLARES THAT THERE EXISTS IN THE STATE A SERIOUS SHOR-
TAGE OF RENTAL HOUSING FOR OLDER PERSONS WHO CHOOSE TO LIVE INDEPENDENT-
LY, AND WHO MAY BENEFIT FROM MODEST BASIC SERVICES IN ORDER TO REMAIN
LIVING INDEPENDENTLY. PROVIDING CAPITAL FUNDING TO FACILITATE THE
CONSTRUCTION AND REHABILITATION OF AFFORDABLE RENTAL APARTMENTS FOR
OLDER PERSONS OVER THE AGE OF SIXTY-TWO, AND PROVIDING SERVICE COORDI-
NATION FUNDS TO NOT-FOR-PROFIT ORGANIZATIONS, WILL ALLOW THOUSANDS OF
OLDER NEW YORKERS TO "AGE-IN-PLACE" COMFORTABLY IN THEIR COMMUNITY,
REDUCING THE LIKELIHOOD OF RESIDING IN AN INSTITUTIONAL SETTING.
§ 1241. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "CORPORATION" SHALL MEAN THE HOUSING TRUST FUND CORPORATION ESTAB-
LISHED IN SECTION FORTY-FIVE-A OF THIS CHAPTER.
2. "ELIGIBLE APPLICANT" SHALL MEAN A PERSON OF LOW INCOME, A HOUSING
DEVELOPMENT FUND COMPANY INCORPORATED PURSUANT TO ARTICLE ELEVEN OF THIS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09368-01-9
A. 4974 2
CHAPTER, A NOT-FOR-PROFIT CORPORATION OR CHARITABLE ORGANIZATION WHICH
HAS AS ONE OF ITS PRIMARY PURPOSES THE IMPROVEMENT OF HOUSING FOR
PERSONS OF LOW INCOME, A WHOLLY-OWNED SUBSIDIARY OF SUCH A CORPORATION
OR ORGANIZATION, A PARTNERSHIP AT LEAST FIFTY PERCENT OF THE CONTROLLING
INTEREST OF WHICH IS HELD BY SUCH A CORPORATION OR ORGANIZATION AND
WHICH HAS AGREED TO LIMIT PROFITS OR RATE OF RETURN OF INVESTORS IN
ACCORDANCE WITH A FORMULA ESTABLISHED OR APPROVED BY THE CORPORATION OR
A PRIVATE DEVELOPER WHICH HAS AGREED TO LIMIT PROFITS OR RATE OF RETURN
OF INVESTORS IN ACCORDANCE WITH A FORMULA ESTABLISHED OR APPROVED BY THE
CORPORATION, A CITY, TOWN, VILLAGE OR COUNTY, PROVIDED, HOWEVER, THAT
THE COUNTY IS ONLY ACTING AS AN ADMINISTRATOR OF A PROGRAM UNDER WHICH
PROJECTS ARE REHABILITATED OR CONSTRUCTED OR NONRESIDENTIAL PROPERTIES
ARE CONVERTED BY OTHER ELIGIBLE APPLICANTS, OR A MUNICIPAL HOUSING
AUTHORITY CREATED PURSUANT TO THE PUBLIC HOUSING LAW, PROVIDED, HOWEVER,
THAT ANY REAL PROPERTY OF SUCH HOUSING AUTHORITY TO BE REHABILITATED,
CONSTRUCTED OR CONVERTED UNDER THIS ARTICLE SHALL NOT HAVE BEEN FINANCED
PURSUANT TO THE PROVISIONS OF THE PUBLIC HOUSING LAW AND SHALL NOT HAVE
BEEN OWNED BY SUCH AUTHORITY PRIOR TO JULY FIRST, NINETEEN HUNDRED
EIGHTY-SIX, AND PROVIDED, FURTHER, HOWEVER, THAT PERSONS OF LOW INCOME
SHALL NOT BE DIRECT RECIPIENTS OF PAYMENTS, GRANTS OR LOANS FROM THE
CORPORATION UNDER THIS ARTICLE BUT MAY RECEIVE SUCH FUNDS FROM ANOTHER
ELIGIBLE APPLICANT.
3. "AFFORDABLE SENIOR HOUSING PROPERTY" SHALL MEAN AN APARTMENT BUILD-
ING OR COMPLEX OCCUPIED BY INDIVIDUALS OVER SIXTY-TWO YEARS OF AGE, WHO
LIVE INDEPENDENTLY AND AT LEAST EIGHTY PERCENT OF WHOM HAVE A TOTAL
HOUSEHOLD INCOME THAT DOES NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN
INCOME, AND WHICH APARTMENT BUILDING OR COMPLEX IS NOT OTHERWISE
REQUIRED TO BE LICENSED AS AN ADULT CARE FACILITY PURSUANT TO ARTICLE
SEVEN OF THE SOCIAL SERVICES LAW OR AN ASSISTED LIVING RESIDENCE PURSU-
ANT TO ARTICLE FORTY-SIX-B OF THE PUBLIC HEALTH LAW.
4. "HEALTHY AGING SERVICES" SHALL MEAN AN ARRAY OF OPTIONAL SERVICES
OFFERED TO RESIDENTS OF AN AFFORDABLE INDEPENDENT SENIOR HOUSING PROPER-
TY ON A VOLUNTARY PARTICIPATION BASIS THAT HELP PROMOTE HEALTHY AGING
WHICH MAY INCLUDE, BUT NOT BE LIMITED TO: ESTABLISHING AND MAINTAINING
NETWORKING RELATIONSHIPS WITH COMMUNITY-BASED SERVICES AND ORGANIZA-
TIONS; PROVIDING RESIDENTS WITH INFORMATION AND REFERRAL LISTS FOR
COMMUNITY SERVICES AND ASSISTING THEM WITH FOLLOW-UPS; ARRANGING FOR
EDUCATIONAL AND SOCIALIZATION PROGRAMS FOR RESIDENTS; HELPING RESIDENTS
ARRANGE FOR HOUSEKEEPING, SHOPPING, TRANSPORTATION, MEALS-ON-WHEELS,
COOKING AND LAUNDRY SERVICES; ESTABLISHING RESIDENT SAFETY PROGRAMS;
ASSISTING RESIDENTS TO APPLY FOR GOVERNMENT BENEFITS; ADVOCATING FOR
RESIDENTS; OFFERING OPPORTUNITIES FOR EXERCISE; EDUCATING RESIDENTS
ABOUT HEALTHY DIET; AND OTHER SERVICES DESIGNED TO ADDRESS THE NEEDS OF
OLDER ADULTS RESIDING IN SENIOR HOUSING FACILITIES BY HELPING THEM
EXTEND THEIR INDEPENDENCE, IMPROVE THEIR QUALITY OF LIFE, AND AVOID
UNNECESSARY HOSPITAL AND NURSING HOME USE.
§ 1242. AFFORDABLE SENIOR HOUSING AND SERVICES PROGRAM. 1. ESTABLISH-
MENT. WITHIN AMOUNTS APPROPRIATED OR OTHERWISE AVAILABLE THEREFOR, THE
CORPORATION SHALL DEVELOP AND ADMINISTER AN AFFORDABLE SENIOR HOUSING
AND SERVICES PROGRAM WHICH SHALL PROVIDE ASSISTANCE IN THE FORM OF
PAYMENTS, GRANTS AND LOANS FOR REASONABLE AND NECESSARY EXPENSES, TO AN
ELIGIBLE APPLICANT FOR THE CREATION, PRESERVATION OR IMPROVEMENT OF
AFFORDABLE SENIOR HOUSING PROPERTIES, PROVIDED THAT SUCH HOUSING ALSO
PROVIDES ACCESS TO HEALTHY AGING SERVICES ON A VOLUNTARY BASIS FOR ALL
RESIDENTS OF THE AFFORDABLE SENIOR HOUSING PROPERTY.
A. 4974 3
2. PROGRAM CRITERIA. THE CORPORATION SHALL DEVELOP PROCEDURES, CRITE-
RIA AND REQUIREMENTS RELATED TO THE APPLICATION AND AWARD OF PROJECTS
PURSUANT TO THIS SECTION WHICH SHALL INCLUDE: ELIGIBILITY, MARKET
DEMAND, FEASIBILITY AND FUNDING CRITERIA; THE FUNDING DETERMINATION
PROCESS; SUPERVISION AND EVALUATION OF CONTRACTING APPLICANTS; REPORT-
ING, BUDGETING AND RECORDKEEPING REQUIREMENTS; PROVISIONS FOR MODIFICA-
TION AND TERMINATION OF CONTRACTS; AND SUCH OTHER MATTERS NOT INCONSIST-
ENT WITH THE PURPOSES AND PROVISIONS OF THIS ARTICLE AS THE CORPORATION
SHALL DEEM NECESSARY OR APPROPRIATE.
3. FUND ALLOCATION. SIXTY PERCENT OF THE TOTAL FUNDS AWARDED PURSUANT
TO THIS ARTICLE IN ANY FISCAL YEAR SHALL BE ALLOCATED TO PROJECTS
LOCATED IN URBAN AREAS OF THE STATE, AS SUCH TERM IS DEFINED IN SUBDIVI-
SION FOUR OF SECTION TWELVE HUNDRED THIRTY-ONE OF THIS CHAPTER. FORTY
PERCENT OF THE TOTAL FUNDS AWARDED PURSUANT TO THIS ARTICLE IN ANY
FISCAL YEAR SHALL BE ALLOCATED TO PROJECTS LOCATED IN RURAL AREAS OF THE
STATE, AS SUCH TERM IS DEFINED IN SUBDIVISION THREE OF SECTION TWELVE
HUNDRED THIRTY-ONE OF THIS CHAPTER.
4. PROOF OF AVAILABLE SERVICES. APPLICANTS SHALL DEMONSTRATE PROOF
THAT HEALTHY AGING SERVICES SHALL BE MADE AVAILABLE TO ALL RESIDENTS OF
THE PROPERTY WITHIN THIRTY DAYS OF INITIAL OCCUPANCY. THERE SHALL BE NO
REQUIREMENT THAT RESIDENTS TAKE PART IN SUCH SERVICES. THE PROPERTY
OWNER OR HIS OR HER AGENT SHALL BE RESPONSIBLE FOR ENSURING THAT SUCH
SERVICES ARE AVAILABLE AND THAT RESIDENTS ARE MADE AWARE OF THE AVAIL-
ABILITY OF SUCH SERVICES. IF THE OWNER OF THE PROPERTY OR HIS OR HER
AGENT ALSO PROVIDES SERVICES SUCH AS HOME CARE, THE OWNER OR HIS OR HER
AGENT SHALL NOT REQUIRE THAT ANY RESIDENT OF THE PROPERTY USE SERVICES
PROVIDED AND SHALL PROACTIVELY PROVIDE INFORMATION TO RESIDENTS ABOUT
THE AVAILABILITY OF OTHER COMPANIES OR ORGANIZATIONS IN THE COMMUNITY
THAT PROVIDE THE SAME OR SIMILAR SERVICES.
5. SERVICES FUNDING THROUGH THE OFFICE FOR THE AGING. THE CORPORATION
SHALL SUBALLOCATE A PORTION OF THE AMOUNT APPROPRIATED FOR THE AFFORDA-
BLE SENIOR HOUSING AND SERVICES PROGRAM TO THE OFFICE FOR THE AGING
WHICH SHALL PROVIDE GRANTS ON A COMPETITIVE BASIS FOR NOT-FOR-PROFIT
ORGANIZATIONS TO PROVIDE HEALTHY AGING SERVICES. SUCH OFFICE SHALL
DEVELOP REGULATIONS THAT WILL ENSURE THAT FUNDS ARE PROVIDED TO ORGAN-
IZATIONS THAT DEVELOP AND OPERATE AFFORDABLE SENIOR HOUSING PROPERTIES,
AS DEFINED IN THIS ARTICLE. THE OFFICE FOR THE AGING SHALL PROVIDE
GRANTS TO ORGANIZATIONS THAT HAVE DEMONSTRATED EXPERIENCE WORKING WITH
PERSONS ELIGIBLE FOR THE PROGRAM FOR AT LEAST THREE YEARS.
6. ANNUAL REPORT. THE CORPORATION SHALL ANNUALLY, ON OR BEFORE DECEM-
BER THIRTY-FIRST, SUBMIT A REPORT TO THE LEGISLATURE ON THE IMPLEMENTA-
TION OF THIS ARTICLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,
FOR EACH AWARD MADE TO A GRANTEE UNDER THIS ARTICLE: A DESCRIPTION OF
SUCH AWARD; CONTRACT AMOUNT AND CUMULATIVE TOTAL; THE SPECIFIC ACTIV-
ITIES IN RURAL AND URBAN AREAS PERFORMED BY SUCH GRANTEE; AND SUCH OTHER
INFORMATION AS THE CORPORATION DEEMS PERTINENT.
§ 2. This act shall take effect immediately.